[kellyhound]

CLEVELAND, Ohio The 27-year-old man shot by a Cleveland police officer during a West Side traffic stop Tuesday has been charged.

Justin Damato could appear in court as early as Saturday to face charges of felonious assault on a police officer and having weapons under disability. Police said he pointed a loaded handgun at an officer on Puritas Avenue near West 149th Street.

Damato remained at MetroHealth Medical Center in fair condition Friday afternoon, a hospital spokesman said. He will be arraigned once he is released from the hospital.

First District officer John Kazimer stopped Damato in a black Infiniti SUV driving erratically with no headlights and loud music about 4:15 a.m., police said. Damato pulled over, but got out of the car and tried to run from police.

As Kazimer chased, Damato turned around with a gun in his hand. Kazimer fired multiple shots that struck Damato in the abdomen and the ankle, police said.

In the minutes after the shooting, the Infiniti was reported stolen in a carjacking on West 117th Street, police said.

Kazimer was placed on three days administrative leave, which is standard for all officers involved in a deadly force incident.

The shooting was captured on Kazimer's body camera. Northeast Ohio Media Group requested the video the same day. The city has not said if they will release the footage.

Residents on West 149th Street said they heard screams, the sound of shoes scuffling on pavement and five or six gunshots.

Kazimer, a former Cleveland EMS technician, provided emergency aid to Damato as he lay bleeding, Cleveland Police Patrolmen's Association President Steve Loomis said.

Records show Damato was released from prison in June after he served nearly seven years for aggravated robbery and felonious assault.

Police accused him of pistol-whipping and robbing two people in separate incidents in 2008.

A man shot by Cleveland police during a West Side traffic stop in August, who is now serving more than a decade in prison, filed suit against the city Thursday saying the officer who shot him used excessive force.

Justin Damato, 29, was shot in the abdomen at West 149th Street and Puritas Avenue after he tried to run from police officers John Kazimer and Robert Ortiz. The shooting and the aftermath were caught on both officer's body cameras.

The lawsuit, filed in federal court, says that Damato did not have a gun, even though officers yelled at him to drop his weapon.

It also says the officers make several statements about Damato driving erratically on flat tires and being a drug dealer, even though those statements were not true, the lawsuit says.

The body camera footage, released by Damato's attorney, shows Damato lying on the ground for several minutes before paramedics arrived to take him to the hospital. At one point, Damato, who is on the ground, says he is going to die, and Kazimer responds, "Oh well, you shouldn't pull a gun on cops," the suit says.

The lawsuit brings claims of excessive force, intentional infliction of emotional distress, negligent hiring, training and supervision. He is asking for at least $25,000 in damages.

The lawsuit also makes reference to a settlement the city reached with the U.S. Justice Department over police use of force.

In the minutes after the shooting, the SUV Damato was driving was reported stolen in a carjacking on West 117th Street, police said.

Damato pleaded guilty to aggravated robbery, kidnapping, resisting arrest and receiving stolen property. Police initially said he pointed a gun at them, but that charge was dropped.

Cuyahoga County Common Pleas Judge Nancy Margaret Russo sentenced him in November to 11 years in prison. He is serving his sentence at the Toledo Correctional Institution.

Paul Cristallo, Damato's attorney, says that he thinks that body cameras are altering police behavior.

"It serves a purpose to scream things about a suspect and arrestee, to say things about them because they know they're being recorded," Cristallo said.

He said the internal investigation into Kazimer's actions is still pending.

Cleveland spokesman Dan Williams said the city does not comment on pending litigation.

The case is assigned to U.S. District Judge Donald Nugent.

[radams007]

Wow. I am truly amazed at how these so called officers can justify their shootings. Whatever happened to tazers, running after them and tackling them, OC spray... I just don't get it. Shooting a man in the back for running away? FYI Officers go run after him he can't run forever and he can't hide...

[radams007]

There was a Use of Force Matrix that we were taught to remember and they did away with it years ago.. I think it needs to be brought back. STAT.

[radams007]

Ok. I just saw the gun and what I believe to be a clip on the ground. Missed it 5 times! Now, I retract.. justifiable shooting. Sorry

[Mufasa7]

I don't understand why this isn't legal. criminals think it's okay to run away from the cops, if this was standard procedure everybody would be more compliant

[Susan]

Probably because if you're going to get shot dead for running away, what's to stop you going on a killing spree? You only get prison for that, or a death sentence that takes 30 years to carry out.

[snookiea]

Originally Posted by slyksleevemuckyey ↗

Probably because if you're going to get shot dead for running away, what's to stop you going on a killing spree? You only get prison for that, or a death sentence that takes 30 years to carry out.

He was not shot for running away. He was shot in the abdomen for pulling a gun. Watch the vid again and you'll see the gun dropped on the sidewalk

[FunkPumpkin]

Originally Posted by radams007 ↗

Ok. I just saw the gun and what I believe to be a clip on the ground. Missed it 5 times! Now, I retract.. justifiable shooting. Sorry

Look/read first, comment after. That way, you won't look like such a douchebag next time. It was clearly stated in the accompanying description that the perp pulled a gun on the cops AND fired at them.

[trajan07]

Damn, criminal are so dumb.. hey, lets run from the cops....REALLY!!!!!!!!!!!!

[Kurlis]

I'm sorry they didn't kill him.